NEW DELHI: A Delhi court Thursday rejected the bail pleas of three people in a north-east Delhi riots case, saying the eye witnesses' statements cannot be thrown into dustbin merely on the bleak allegations that they are "planted witnesses".
Additional Sessions Judge Vinod Yadav dismissed the bail applications of Aman Kashyap, Pradeep Rai and Ashish in the case related to the alleged murder of one Monish during the riots in Dayalpur area in February last year.
The court said two independent public witnesses have categorically identified all the three accused to be allegedly part of the riotous mob and indulging in rioting.
It further noted no cogent explanation has come forward as to why the call detail record (CDR) location of Rai and Kashyap were showing at the scene of the crime on the date of the incident.
"Though, no CCTV footage of the incident in question thereby capturing the image of applicant(s) (Kashyap, Rai and Ashish) is available on record, but the eye witnesses' account cannot be brushed aside at this stage, as their statements duly corroborates the recovery of sword and wooden stick (danda) from the houses of Kashyap and Ashish respectively.
"The statements of eye witnesses cannot be thrown into dustbin at this stage merely on the bleak allegations of the counsels (for the accused) that they are planted witnesses," the court said in its order.
It further observed that the statements of witnesses can be said to be delayed when they are known to the police and yet it does not record them, but in a riots case, police hardly has any idea as to who the witnesses were.
"Further, people normally do not come forward and it is admitted position on record that on the date of incident nearly 10,000 PCR calls were recorded in the area of Police station Dayalpur. Thereafter, on the basis of these calls, police reverted back and traced out some of the witnesses."
"Therefore, at this stage, in the peculiar facts and circumstances of the case in hand, it cannot be said that there is delay in recording of statements of witnesses by investigating agency," it said.
It noted that if released on bail at this stage, there is a possibility that the accused may threaten the witnesses who are residents of the same locality.
During the hearing, the counsel for the accused claimed they have been falsely implicated in the case.
Special Public Prosecutor Manoj Chaudhary, appearing for the police, opposed the bail pleas saying eye witnesses' statements recorded under sections 161 (examination by police) and 164 (by magistrate) of the Code of Criminal Procedure alleged that the accused persons along with others had given beatings to the deceased and taken away his mobile phone during the riots.
Communal violence had broken out in northeast Delhi on February 24 last year after clashes between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.